Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-01-06
CALIFORNIA LEGISLATURE.
TwENTY-sEvENTH sEssIoN-THIRD DAY
SENATE.


Lieutenant-Governor Daggett presiding, ant
Lieutenant-GovernorW Waterman (elect) occupy
ing chair beside the President. A quorum
present, and journal read and approved.
The next order of business being the nomina
tons of permanent officers, Senator Clunie pre-
sented the name OF S. NJ. White, of Los Angeles
for President pro tenn, and paid the gentleman
high compliment as to his qualifications.
Senator Steele suggested the name of A. L
Chandler, of Yuba and Suffer District
Upon roll-can Senator White received &c votes
as against 10 for Senator Chandler, and was an
nounced President pro tenn. of the Senate.
For Secretary of the Senate the nominee.
were Edwin NJ. Hamilton. of Alameda, ant
Thomas II. Berkey, ofSaeramento. Mr. Hamilton
receiving the majority was declared elected.
For Minute Clerks-R. B. 0ullahan received
26 votes; John II. Cochran, 26; +. J. SAKE, Is
and c. d. Jones, ID. The two former were de
clared elected.
Francisco and Robt. w. Parker, of Sacramento
were nominated. J. w. Wilcox was elected by
26 to IL.
For Assistant Sergeant-at-Arms, Thomas Cole
man, of San Francisco and VIM. p. Eldred, o
Sacramento, were nominated. Thomas Cole
man was elected
For Minute Clerk, VIM. F. Huestis and Frank
A. smith were nominated, and Huestis recelv-
ing the majority vote was declared elected.
For Journal Clerk, Captain J. f. Meagher was
elected also, for Enrolling Clerk, Thomas w
ONeil Eugrossing Clerk, NJ. +. Brace, and
Postmistress, Miss H +. Dixon.
Senator Boggs offered resolution that COM
mittee of three be appointed by the Chair to i'll
form the Governor that the Senate was organ
lied, and ready to receive any communication
he may wish to make. Adopted and Senator:
Boggs, Haynes and Dray appointed.
Senator Crandall held that, under the rules
adopted, this committee should be elected by
the Senate, and not appointed by the Lieuten
ant-Governor.
The President thought, this being a special
committee, the point not well taken.
Senator Langford suggested that, being in the
form of a resolution, il would not come under
the head of rules.
Senator White stated the rules contained the
words unless otherwise specially ordered,
and as the Senate had voted its adoption, it was
in proper form and consistent
The Chair held that, as It was in the nature Of
a resolution, the appointment under 1t was in
order.
Resolutions were offered as follows
By Langford-That the Secretary be directed
to inform the Assembly that the Senate was or
ganized and ready for business. Adopted.
Also, that the President appoint committee
OF three TO prepare permanent rules Tor the gov
ernment of the Senate. Before the motion was
put, Senator Nrooman raised the same point Of
order as made by Senator CraGdall, and, as the
Chair had decided adversely, he desired roll
call, as it was virtually suspension of the rule
which could not be done without two-third:
vote and one days notice.
The President thereupon asked a few minutes
time in which to consider the subject before
making a decision. Alter elaboration, the
OPINION OF the Clalr was C0dUBeQ, ana the LOT
mer ruling was rescinded. The motion was
then withdrawn. Then, upon suggestion blythe
President, Senator White moved that Senators
Boggs, Haynes and Dray be elected by the Sen
ate as committee to wait upon the Governor
etc So ordered.
BY Gesford-That Rev. Hayden C. Christian
be appointed by the Senate as Chaplain, at pei
diem to be hereafter fixed.
By Byrnes-To amend by inserting the words
Rev. J. f. Trefren. Amendment lost and origi-
nal resolution adopted.
By whitehall J. J. Mccarthy be appointed
BY Jones-That L. L. Lightner and Bernard
Landers be appointed gate-keepers. Adopted.
By Yell-That VIM. Bond, C. J. Lansing and
j. +. Rosenberg be appointed by the Senate as
pages
Senator Vrooman raised the point of order
that under the statutes based upon nstitu-
tional provisions, this Senate had no right to
appoint pages nor porters.
Senator Clunie argued that the Constitution
provided that the Senate should elect all of its
own officers, and could not see how the majority
of the Senate could permit the Lieutenant-Gov
ernor to appoint in the face of that constitu.
tional provision. He had entertained no doubt
but that the Senate would allow the President
to name pages and porters, because the statute
so provided. but that il did not take the right
away from the Senate as given by the Constitu-
ton, but leaves it entirely with the Senate.
Senator Bowers asked the Senator if he con
sidered pages" and ''pOrters" officers of the
Senate, or employees, as there was great differ
ence between these terms.
Senator Clunie claimed they were officers
Senator Yell read Section of Article " of
the Constitution, as follows: Each house shall
choose its officers and judge of their qualifica-
tons" etc. as the one to which Senator Clunie
referred.
Senator Wilson sad the old Constitution con-
tanned the same provision as the new one-in
fact, they were verbatim, and Sect ton 247 of the
Political Code had not been changed by the
new Constitution nor the Courts and under that
sectijn quite a distinction was drawn between
the words Officers" and employees" and it
does not conflict with it in any manner. 1t pro-
vides that all officers and employees should be
elected by the Senate except the Lieutenant
Governor and the three pages and porters, who
were to be appointed by the Chair
Senator Clunie held it was clearly unconsti-
tutional, and appealed to the Democratic DOR
ton of the Senate TO allow the Lieutenant Gov
ernor to select three pages as provided by that
section of the Political Code. As q proposition
of law, he believed that the Senate under that
constitutional provision was the proper party to
select all of its officers, and contended that
without doubt page was an officer as much so
as the President pro TEN. The only question on
the other side was as to the right of the Senate
to select additional pages, it having been the
custom and rule, and by courtesy was now eX-
tended to the ACKNOWLEDGMENT
Senator VTOoman referred the Senator to Sec
ton of Article " ofthe old Constitution as be-
ing the identical language contained in Section
of Article ". of the new Constitution, and by
rules of construction as old as the law ITSELF
that where constitution has been in force in
a community, and a system of practice grown
up under that system or constitution and there
after the language of that statute or section is
Incorporated into constitution, the custom
in vogue under that section is incorporated
into and becomes part OF the new COnStitu-
ton or statute Therefore under Section s. Arti-
Gle " of the old Constitution. it was the prac-
tice and custom of this State for the President
OF the Senate to appoint pages and porters and
under that provision, section 2i7 of the Polit-
zeal Code was adopted and in force for years
before the adoption of the new Constitution
And inasmuch as the section of the new Con-
stitution is identical in language, the adoption
of that instrument had no effect at all upon the
statute. Mr. Vrooman then read Section 2i7
calling particular attention to the last two lines
which read: "All pages and porters shall
Nothing being said about the mum
Der of them the "pages and porters -
must be appointed by the presiding
officer, unleSS the Senate desired to act in the
very teeth of that provision. Under this eondi-
ton of the law and Constitution, he asked
where the authority is to be found for the SEN
ate to appoint.
A message was here read from the Assembly
notifying the Senate of the organization of that
body.l
Senator Clunie upon reviewing the argument
of Mr.. Vrooman, held the statute to be unconsti-
tutiOnal because it placed the power given to
the Senate by the Constitution in another place,
thereby defying and violating it. He claimed
that page was as much an officer or attache as
the Clerk at the desk.
The presiding officer inquired if page is re-
qured to take the oath of office.
Mr.. .Clun.e replied in the negative, but held
that pages were as close to the Senators as any
other officers and could take the oath.
The President stated that the Senate had a
right to create such Offices as it desired but held
that the President would have the right TO ap-
point pages and porters under the law cited
Senator Crandail inquired of Senator Clunie,
"a If the pages are officers, how is il that the
Senate has sent committee to inform the Gov
ernor that it is organized and ready for bust
nesSg'
Senator Clunie thought perhaps they might
have been little premature.
senator White considered there were two
branches in the question presented ; one as to
whether. under the Constitution, the Senate
possessed the absolute power to select all of its
attaches, whether you call them Officers or
" employees" Second-Whether or not that
power is exclusively lodged in the Senate or
conferred upon the lieutenant Governor. He
would not assert that there was no such distinc-
ton as drawn by the President, but the question
to look at is, whether the person acting in a
public pace, or for the pubic las to, whether
teriaD is an officer. The Constitution
confers no power to control anything
but officers. The place filed is public one: il
is conferred by law, and the power il delegated
by law The use of the words officers" and
employees, means nothing more than agent or
servant. SO the matter under consideration
means absolutely the same thing. The Con-
GERS. and if the Constitution says Officers
employees sre implied. The statute says en-
ployeS and officers, and names certain offices TO
be filled, and the use of the word employees i'm
plies officer. He held further, that the CON
struction OF Section pa should be governed by